Section 45: Reimbursement for defense expenses

279 words·~1 min read·/ma/part-i/title-iv/chapter-31/45

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 45. An aggrieved individual who has prevailed in any appeal brought under this chapter shall be reimbursed by the local appointing authority or, if aggrieved by action or inaction of a state official, by the comptroller of the commonwealth, the following expenditures:

(i)the filing fee paid to the commission;

(ii)an amount not to exceed $1,500 for attorneys' fees actually incurred in conjunction with each of the following:

(A)an appointing authority hearing;

(B)a hearing before the commission; and

(C)an action for judicial review pursuant to section 44; and

(iii)an amount not to exceed $500 for summons to witnesses and any other expenses actually incurred in such successful appeal. In addition to the amounts stated above, the commission may award such additional reasonable attorneys' fees and costs up to $25,000 to an appellant who prevails in an appeal brought under this chapter, upon an express finding of either bad faith on the part of the appointing authority or an egregious or willfully repeated violation of this chapter, unless special circumstances would render such additional award unjust.

Any person seeking such reimbursement shall file with his appointing authority a written application therefor within thirty days after final disposition of his case. The appointing authority shall, within thirty days after receipt of such application, pay such reimbursement from the same source as that from which the salary of the person seeking the reimbursement is paid, but only upon receipt of satisfactory proof that such expenses were actually incurred for the purposes set forth in this section.

Saturdays, Sundays, and legal holidays shall not be counted in the computation of any time period specified in this section.